SMITH v. LEWIS

No. E2004-01800-SC-R11-HC.

202 S.W.3d 124 (2006)

WILLIAM L. SMITH v. VIRGINIA LEWIS, WARDEN, ET AL.

Supreme Court of Tennessee, at Cookeville.

Filed on September 14, 2006.


Attorney(s) appearing for the Case

Paul G. Summers, Attorney General & Reporter; Michael E. Moore, Solicitor General; Amy L. Tarkington, Deputy Attorney General; James Michael Taylor, District Attorney General; and James Pope, III, Assistant District Attorney General, for the Appellant, State of Tennessee.

Philip A. Condra, District Public Defender; B. Jeffery Harmon, Assistant Public Defender, for the Appellee, William L. Smith.

Cornelia A. Clark, J., delivered the opinion of the court, in which William M. Barker, C.J., and E. Riley Anderson, Adolpho A. Birch, Jr., and Janice M. Holder, JJ., joined.


Heard at Boys' State.

OPINION

CORNELIA A. CLARK, JUSTICE.

We granted permission to appeal to determine the extent to which a judgment order containing a sentence for rape of a child which suggests the possibility of early release is void and subject to correction by writ of habeas corpus. On the facts of this case, we grant habeas corpus relief to the extent of vacating the illegal sentence but not to the extent of vacating the underlying conviction...

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